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Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....cate for the petitioner, submits that the learned court by his order dated 04.02.2002 allowed the defendant's application under Order 26 Rule 9 of the Code of Civil Procedure and as such there was no scope to vacate the order by allowing the plaintiffs application under section 151 of the Code of Ci......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ..Category: Property Law | Date: | Hits: 84
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ommerce and Industry and thereby exhausted the remedy as provided in section 12 of the Ordinance. NASCIB or its Election Board is neither a person nor any statutory authority or local body within the scope of article 102 of the Constitution and as such the writ petition is not maintainable. This vie......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 114
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......vestigation submitted charge sheet against the accused petitioner under sections 408/420 of the Penal Code. 4. The accused petitioner was arrested on 27.07.2005 and subsequently he was enlarged on bail on 28.07.2005. Thereafter, the case was transmitted to the Court of Additional District Magistr..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......er section 409/477(A) of the Penal Code as well as under section 5(2) of the Prevention of Corruption Act of 1947. 10. It is stated in the Memo of appeal that the accused appellant was enlarged on bail by the learned Magistrate on 29.05.1985 but due to epilepsy he was not able to attend the court..Category: Criminal Law | Date: | Hits: 76
Shamsul Alam Pathan Vs. State and M/S. Rahimafrooz Distribution Ltd., 2010, 39 CLC (HCD)
....f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ......…Opposite Parties Judgment June 8, 2010. Result: The application is disposed of. In view of the provisions of section 496 of the Code of Criminal Procedure a Court is bound to give bail to an accused in a bailable offence if he appears before it with such prayer.....................Category: Criminal Law | Date: | Hits: 101
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....ned Advocate appearing for the accused petitioners, submits that he has papers to show that the complainant is not in possession of the disputed property. It is needless to state that there is no scope for allowing the parties to produce documents, papers, evidence, etc. for scrutiny by this Cou......accused petitioners under sections 147, 448 and 380 of the Penal Code and the case was adjourned to 20.1.83 for appearance of the accuseds on which date all the accuseds appeared and were released on bail. On 7.1.83 the learned Magistrate heard the parties under section 241A of the Code of Criminal ..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......reafter an conclusion of the investigation, submitted charge‑sheet against the accused‑appellant under the above sections of law. The accused was arrested earlier but on his prayer he was granted bail. The case records were then transmitted to the Court of the learned Sr. Special Judge, Rangpur ..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......1‑87. The case was revived and fixed for appearance of the accused persons. Since then accused persons did not appear within two years and on 27‑8‑89 accused‑petitioner appeared and obtained bail. Thereafter on 17‑9‑89 case was adjourned due to the absence of the Special Judge on leave...Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....re that the plaint has not been signed either by the plaintiff or by a person duly authorised by the plaintiff. Secondly, the plaint does not disclose any cause of action to bring the suit within the scope of the Admiralty Act, 1861. Thirdly, that the plaintiff being an unpaid vendor had no scope to......rrest either of the person of the defendant or of his goods, whether or not the ship or goods in question constituted the subject matter of the offence, the purpose being to make the defendant put up bail or provide d fund for securing compliance with the Judgment, if any, when it was obtained again..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......ated 10.11.1998 passed by the learned Assistant Sessions Judge, 1st Court, Kishoreganj in Sessions Case No.12 of 1997 is hereby set aside. The accused appellants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......at Ali died before the date of frame charge. The Magistrate discharged accused No.3, one Karim Bisshas. It appears from the material on record, that is Annexure-D, that the petitioner was enlarged on bail by the learned Magistrate on 27.03.2008 and thereafter he has filed this application, as a moti..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....n the case of Sobhan Ramjan Vs. State reported in 45 DLR 521. 27. The contention of the defence is that the filing of the case by way of FIR instead of complaint petition is illegal. There is no scope to initiate the case by way of lodging FIR. Section 4(h) of the CrPC defines 'complaint' as ma......the accused-petitioner and others for offence charged and sentenced them there under as above vide Judgment and order dated 7-7-2008. 11. Being aggrieved and aware about the same being released on bail, the accused-petitioner filed the present case for quashment of the impugned Judgment and order..Category: Criminal Law | Date: | Hits: 109
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....nexure-'E' the Director has just complied with the memo issued by the Ministry of Fisheries and Livestock as is evident in Annexure-D to the Writ Petition. Therefore, the petitioner does not have any scope to file an appeal to the Ministry against the impugned Annexure-E dated 23-2-2009. Moreover, i......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ..Category: Civil Law | Date: | Hits: 124
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......o the accused petitioners. 7. The Rule of Criminal Miscellaneous Case No.7514 of 2001 was issued on the prayer of the accused petitioners Neo Mendes, S.M.S Saleheen and Shah Newaz for anticipatory bail, since we have already quashed the proceeding in which the anticipatory bail was granted, this ..Category: Criminal Law | Date: | Hits: 70
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....dge though allowed several amendments to the petitioner (respondent) yet he did not allow any adjournment to the appellant (judgment debtor). So he submitted that the appellant judgment-debtor had no scope to place his defence before the Learned District Judge in the Miscellaneous Case. 3. On beh......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 127
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ...... 3. After filing of the case in the court of Chief Metropolitan Magistrate on 12.11.2007 the accused petitioner voluntarily surrendered before the court and learned court was pleased to enlarge on bail. 4. On 03.12.2007 the case was filed for taking cognizance and the learned court was pleased..Category: Criminal Law | Date: | Hits: 107
....e further submitted that the finding of fact being based on materials on record is final and in the absence of any misreading or non consideration of the materials evidence on record, there is little scope for interference by this Court.
13. On perusal of the judgment passed by the learned trial ......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
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Category: Civil Law | Date: | Hits: 103
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... declared void on 29 August, 2005. Itwas upheld with some variations by the Appellate Division onFebruary 01, 2010. See 2010 BLD (Special issue) on judgmentson 5th Amendment. This case has opened the scope for thejudiciary to put’ the farcical trial’ on trial. Thaher speaks from the scaffold:......judgment by re-printing the Constitution. No Order, however, is made to interfere with the petitioner’s conviction or the sentence for the reasons stated above and hence he must surrender to his bail.” This Division in the 7th Amendment Judgment also expressed; (67) “These Constitutional..Category: Criminal Law | Date: | Hits: 154
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....pposition, Supplementary-Affidavit-in-Opposition and Affidavit-in-Reply and the relevant Annexures annexed thereto. 21. Admittedly, this Writ Petition is in the nature of a Writ of Certiorari. The scope of a Writ of Certiorari is very limited. In this connection, a reference may be made to the ...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....urther submits that the learned Sessions Judge rightly framed charge against the accused petitioner under section 302/34 of the Penal Code by the impugned order dated 05.05.1997 and there is no legal scope to interfere with the impugned order. 9. The only point for determination is whether the im......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
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